[Federal Register Volume 64, Number 238 (Monday, December 13, 1999)]
[Proposed Rules]
[Pages 69464-69472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32234]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 991207320-9320-01; I.D. 111899B]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Proposed 2000 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 2000 specifications for groundfish and associated
management measures; apportionment of reserves; request for comments.
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SUMMARY: NMFS proposes 2000 harvest specifications, prohibited species
bycatch allowances, and associated management measures for the
groundfish fishery of the Bering Sea and Aleutian Islands Area (BSAI).
This action is necessary to establish harvest limits and associated
management measures for groundfish during the 2000 fishing year and to
accomplish the goals and objectives of the Fishery Management Plan for
the Groundfish Fishery of the Bering Sea and Aleutian Islands
Management Area (FMP). The intended effect of this action is to
conserve and manage the groundfish resources in the BSAI and to provide
an opportunity for public participation in the annual groundfish
specification process.
DATES: Comments must be received by January 12, 2000.
ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel or delivered
to the Federal Building, 709 West 9th Street, Juneau, AK.
Copies of the draft Environmental Assessment/Initial Regulatory
Flexibility Analysis (EA/IRFA) prepared for this action and the
Preliminary 2000 Stock Assessment and Fishery Evaluation (SAFE) report,
dated September 1999, are available from the North Pacific Fishery
Management Council, West 4th Avenue, Suite 306, Anchorage, AK 99510-
2252 (907-271-2809).
FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 69465]]
Background for the 2000 Proposed Harvest Specifications
Federal regulations at 50 CFR part 679 that implement the FMP
govern the groundfish fisheries in the BSAI. The Council prepared the
FMP and NMFS approved it under the Magnuson-Stevens Fishery
Conservation and Management Act. General regulations governing U.S.
fisheries also appear at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species and for the ``other species''
category, the sum of which must be within the optimum yield range of
1.4 million to 2.0 million metric tons (mt) (Sec. 679.20(a)(1)(i)).
Regulations under Sec. 679.20(c)(1) further require NMFS to solicit
public comment on proposed annual TACs, apportionments thereof, and
prohibited species catch (PSC) allowances and to publish proposed
specifications in the Federal Register. The proposed specifications set
forth in Tables 1 through 7 of this action satisfy these requirements.
For 2000, the proposed sum of TACs is 2 million mt.
Under Sec. 679.20(c)(3), NMFS will publish the final annual
specifications for 2000, after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
next meeting beginning December 6, 1999, and (3) considering new
information presented in the final EA/SAFE and in the section 7
consultation prepared for the 2000 groundfish fisheries.
With some exceptions, regulations at Sec. 679.20(c)(2)(ii) provide
that interim specifications except for pollock and the hook and line
allocation of sablefish and Atka mackerel become available at 0001
hours Alaska local time (A.l.t.), January 1, and remain in effect until
superseded by the final specifications. The regulations provide that
the interim specifications will be established as one-fourth of each
proposed initial TAC (ITAC) amount and apportionment thereof, one-
fourth of each Community Development Quota (CDQ) reserve established
under Sec. 679.20(b)(1)(iii), and one-fourth of each proposed PSC
allowance established under Sec. 679.21. The regulations specify that
the interim specification of pollock and Atka mackerel are equal to the
first seasonal allowances for those species. Regulations at
Sec. 679.20(c)(2)(ii) do not provide for an interim specification for
either the hook-and-line and pot gear sablefish CDQ reserve or for
sablefish managed under the Individual Fishing Quota (IFQ) program.
NMFS will publish interim specifications for the 2000 fishing year. No
fishing is authorized before NMFS files interim specifications with the
Office of the Federal Register.
Other Rules Affecting the 2000 Specifications
NMFS intends to initiate rulemaking that will affect the pollock
fisheries. This rulemaking includes (1) an FMP amendment to implement
the American Fisheries Act as contained within the Omnibus
Appropriations Bill for FY 99, Pub. L. No. 105-277 (AFA), and (2) a
regulatory amendment to implement the reasonable and prudent
alternatives to avoid jeopardizing the continued existence of the
endangered western population of Steller sea lions or adversely
modifying its critical habitat. Each of these rules would affect the
allocation and apportionment of the pollock TAC. These proposed
specifications propose the pollock TAC amounts that reflect the general
allocative scheme as defined by the AFA itself, but do not specify
apportionments of that TAC. Apportionments will be addressed in each of
the proposed rules individually and in the final 2000 specifications
will be effective prior to the start of the pollock fishery on January
20, 2000.
Proposed Acceptable Biological Catch (ABC) and TAC Specifications
The proposed ABC levels are based on the best available scientific
information, including projected biomass trends, information on assumed
distribution of stock biomass, and revised technical methods used to
calculate stock biomass. The FMP specifies the formulas to be used in
computing ABCs and overfishing levels. The formulas applicable to a
particular stock or stock complex is determined by the level of
reliable information available to fishery scientists and is based on a
successive series of six levels, or tiers.
The Bering Sea Groundfish Plan Team (Plan Team) acknowledged that
for purposes of the proposed 2000 overfishing levels and ABC amounts,
the best information currently available is set forth in the final SAFE
report for the 1999 BSAI groundfish fisheries dated November 1998. The
Plan Team further acknowledged that information on the status of stocks
will be updated with the 1999 survey results and reconsidered by the
Plan Team at its November 1999 meeting.
At its October 1999 meeting, the Scientific and Statistical
Committee (SSC), Advisory Panel (AP), and Council reviewed the Plan
Team's preliminary recommendations to roll over 1999 ABC, overfishing,
and TAC amounts and to reconsider these amounts at the December 1999
Council meeting after new status of stocks information can be
incorporated by the Plan Team into a final SAFE report for the 2000
BSAI groundfish fishery. The SSC, AP, and Council concurred with the
Plan Team's recommendations. None of the Council's proposed TACs for
2000 exceed the proposed ABC for any species category. Therefore, NMFS
finds that the proposed TACs are consistent with the best available
information on the biological condition of the groundfish stocks.
The plan team's recommendation to roll over the 1999 groundfish
harvest specifications for this action did not take into account the
overfishing definitions approved in the BSAI and GOA FMP Amendments 56/
56. Those overfishing definitions were used in August 1999 to reanalyze
the status of the groundfish stocks in the BSAI and GOA. That analysis
is presented draft EA prepared for this action. The overfishing levels
in these proposed specifications reflect that analysis.
Table 1 lists the proposed 2000 overfishing levels, ABC amounts,
and TAC amounts for groundfish in the BSAI.
Table 1.--Proposed 2000 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation, and Overfishing
Levels of Groundfish in the Bering Sea and Aleutian Islands Area (BSAI)1
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Overfishing
Species Area level ABC TAC ITAC 2 CDQ reserve 3
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Pollock 4........................ Bering Sea (BS)...................... 2,210,000 992,000 992,000 892,800 99,200
Aleutian Islands (AI)................ 31,700 23,800 2,000 1,800 200
Bogoslof District.................... 115,000 15,300 1,000 900 100
Pacific cod...................... BSAI................................. 215,000 177,000 177,000 150,450 13,275
[[Page 69466]]
Sablefish 5...................... BS................................... 1,600 1,340 1,340 569 184
AI................................... 2,200 1,860 1,380 293 232
Atka mackerel.................... Total................................ 126,000 73,300 66,400 56,440 4,980
Western AI........................... .............. 30,700 27,000 22,950 2,025
Central AI........................... .............. 25,600 22,400 19,040 1,680
Eastern AI/BS........................ .............. 17,000 17,000 14,450 1,275
Yellowfin sole................... BSAI................................. 251,000 212,000 207,980 176,783 15,598
Rock sole........................ BSAI................................. 367,000 309,000 120,000 102,000 9,000
Greenland turbot................. Total................................ 21,000 14,200 9,000 7,651 674
BS................................... .............. 9,514 6,030 5,126 452
AI................................... .............. 4,686 2,970 2,525 222
Arrowtooth flounder.............. BSAI................................. 170,000 140,000 134,354 114,201 10,076
Flathead sole.................... BSAI................................. 95,600 77,300 77,300 65,705 5,797
Other flatfish 6................. BSAI................................. 197,000 154,000 154,000 130,900 11,550
Pacific ocean perch.............. BS................................... 2,300 1,900 1,400 1,190 105
AI Total............................. 16,200 13,500 13,500 11,476 1,011
Western AI........................... .............. 6,220 6,220 5,287 466
Central AI........................... .............. 3,850 3,850 3,273 288
Eastern AI........................... .............. 3,430 3,430 2,916 257
Other red rockfish 7............. BS................................... 356 267 267 227 20
Sharpchin/Northern............... AI................................... 5,640 4,230 4,230 3,596 317
Shortraker/rougheye.............. AI................................... 1,290 965 965 821 72
Other rockfish 8................. BS................................... 492 369 369 314 27
AI................................... 913 685 685 583 51
Squid............................ BSAI................................. 2,620 1,970 1,970 1,675 147
Other species 9.................. BSAI................................. 129,000 32,860 32,860 27,931 2,464
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Total........................ ..................................... 3,961,911 2,247,846 2,000,000 1,748,305 175,080
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\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) Subarea unless otherwise specified. With the
exception of pollock, and for the purpose of these specifications, the Bering Sea subarea includes the Bogoslof District.
\2\ Except for pollock and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is put into a reserve. The
ITAC for each species is the remainder of the TAC after the subtraction of these reserves.
\3\ Except for pollock and the hook-and-line or pot gear allocation of sablefish, one-half of the amount of the TACs placed in reserve, or 7.5 percent
of the TACs, is designated as a CDQ reserve for use by CDQ participants (see Sec. 679.31(a)(1)). Fifteen percent of the groundfish CDQ reserve
established for arrowtooth flounder and ``other species'' is allocated to a non-specific CDQ reserve found at Sec. 679.31(g).
\4\ For the 2000 pollock fishery, all pollock amounts and apportionments thereof will remain reserved until those measures under the AFA and required by
the biological opinion for Steller sea lions to avoid jeopardy and adverse modification to critical habitat can be implemented. NMFS anticipates that
these rules will be finalized before January 20, 2000. Ten percent of the pollock TAC is allocated to the pollock CDQ fishery under paragraph 206(a)
of the AFA. The pollock ITAC is equal to the TAC minus the CDQ allocation. Under authority of the AFA, NMFS is allocating 5 percent of the pollock
ITAC as an incidental catch allowance (see section 206(b) of the AFA). NMFS, under regulations at Sec. 679.20(a)(5)(i)(B), allocates zero mt of
pollock to nonpelagic trawl gear. This action is based on Council intent to prohibit the use of nonpelagic trawl gear in 2000 because of concerns of
unnecessary incidental catch with bottom trawl gear in the pollock fishery.
\5\ Regulations at Sec. 679.20(b)(1) do not provide for the establishment of an ITAC for the hook-and-line and pot gear allocation for sablefish. The
ITAC for sablefish reflected in Table 1 is for trawl gear only. Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is
reserved for use by CDQ participants (see Sec. 679.31(c)).
\6\ ``Other flatfish'' includes all flatfish species, except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole,
yellowfin sole, and arrowtooth flounder.
\7\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern rockfish.
\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin, northern, shortraker, and rougheye
rockfish.
\9\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec. 679.2 are not included in the ``other species''
category.
Reserves and the Incidental Catch Allowance (ICA) for Pollock
Regulations at Sec. 679.20(b)(1)(i) require that 15 percent of the
TAC for each target species or species group, except for the hook-and-
line and pot gear allocation of sablefish, be placed in a non-specified
reserve. The AFA supersedes this provision for pollock by requiring
that the 2000 TAC for this species be fully allocated among the CDQ
program, the ICA, inshore, catcher/processor, and mothership directed
fishery allowances.
Regulations at Sec. 679.20(b)(1)(iii) require that one-half of each
TAC amount placed in the non-specified reserve be allocated to the
groundfish CDQ reserve and that 20 percent of the hook-and-line and pot
gear allocation of sablefish be allocated to the fixed gear sablefish
CDQ reserve. Section 206(a) of the AFA requires that 10 percent of the
pollock TAC be allocated to the pollock CDQ reserve. With the exception
of the hook-and-line and pot gear sablefish CDQ reserve, the
regulations do not further apportion the CDQ reserves by gear.
Regulations at Sec. 679.21(e)(1)(i) also require that 7.5 percent of
each PSC limit, with the exception of herring, be withheld as a
prohibited species quota (PSQ) reserve for the CDQ fisheries.
Regulations governing the management of the CDQ and PSQ reserves are
set forth at Secs. 679.30 and 679.31.
The regulations do not designate the remainder of the non-specified
reserve by species or species group, and any amount of the reserve may
be reapportioned to a target species or to the ``other species''
category during the
[[Page 69467]]
year, providing that such reapportionments do not result in
overfishing.
Under section 206(b) of the AFA, NMFS proposes a pollock ICA of 5
percent of the pollock TAC after subtraction of the 10-percent CDQ
reserve. This allowance is based on an examination of the incidental
catch of pollock in non-pollock target fisheries from 1996 through
1999. During this 4-year period, the incidental catch of pollock ranged
from a low of 3 percent in 1998 to a high of about 6 percent in 1997,
with a 4-year average of 5 percent. Because these bycatch percentages
are contingent on the relative amounts of groundfish TACs, NMFS will be
more able to assess the ICA amount when the Council makes final ABC and
TAC amount recommendations in December.
Apportionment of Pollock TAC to Vessels Using Nonpelagic Trawl Gear
Regulations at Sec. 679.20(a)(5)(i)(B) authorize NMFS, in
consultation with the Council, to limit the amount of pollock that may
be taken in the directed fishery for pollock using nonpelagic trawl
gear. In June 1998, the Council adopted management measures that, if
approved by NMFS, would prohibit the use of nonpelagic trawl gear in
the directed fishery for pollock and reduce specified prohibited
species bycatch limits by amounts equal to anticipated savings in
bycatch or bycatch mortality that would be expected from this
prohibition. These measures could be effective by mid-2000. Therefore,
NMFS proposes to allocate zero mt of pollock to non-pelagic trawl gear.
A zero allocation would be necessary to reduce bycatch of PSC and
incidental catch of other groundfish species in the 2000 pollock
fishery consistent with the Council's intent for this fishery.
Pollock Allocations Under the AFA
Section 206(a) of the AFA requires that 10 percent of the BSAI
pollock TAC be allocated as a directed fishing allowance to the CDQ
program. The remainder of the BSAI pollock TAC, after the subtraction
of an allowance for the incidental catch of pollock by vessels,
including CDQ vessels, harvesting other groundfish species, must be
allocated as follows: 50 percent to catcher vessels harvesting pollock
for processing by the inshore component, 40 percent to catcher/
processors and catcher vessels harvesting pollock for processing by
catcher/processors in the offshore component, and 10 percent to catcher
vessels harvesting pollock for processing by motherships in the
offshore component. These amounts are listed in Table 2.
The AFA also contains several specific requirements concerning
pollock and pollock allocations. First, paragraph 210(c) of the AFA
requires that not less than 8.5 percent of the pollock allocated to
vessels for processing by offshore catcher/processors be available for
harvest by offshore catcher vessels listed in section 208(b) harvesting
pollock for processing by offshore catcher/processors listed in
paragraph 208(e). Second, paragraph 208(e)(21) of the AFA specifies
that catcher/processors qualifying to fish for pollock under this
paragraph are prohibited from harvesting in the aggregate a total of
more than one-half of a percent (0.5) of the pollock allocated to
vessels for processing by offshore catcher/processors. Other provisions
of the AFA, including inshore pollock cooperative allocations, AFA
catcher vessel harvest limitations, and excessive harvest and
processing shares will be described in the proposed rule to implement
the AFA. After issuance of a final rule to implement the AFA, the 2000
specifications would be amended accordingly. Table 2 lists the proposed
2000 allocations of pollock TAC as described by the AFA, but excludes
seasonal apportionments, critical habitat limitations, and protections
for other fisheries for AFA listed catcher processors. These
apportionments, limitations, and protections will be described in the
proposed rule to implement the RPAs.
Implementation of Steller Sea Lion Conservation Measures
NMFS is developing a separate proposed rule that, if approved,
would permanently implement reasonable and prudent alternatives (RPAs)
to avoid the likelihood that the pollock fisheries off Alaska will
jeopardize the continued existence of the western population of Steller
sea lions or adversely modify its critical habitat. If approved, this
rule would implement three types of management measures for the pollock
fisheries of the BSAI and GOA: (1) Measures to temporally disperse
fishing effort, (2) measures to spatially disperse fishing effort, and
(3) measures to provide full protection from competition with pollock
fisheries for prey in waters immediately adjacent to rookeries and
important haulouts. Emergency measures which implemented RPAs for 1999
are in effect until December 31, 1999 (July 21, 1999, 64 FR 39087).
Final measures must be effective prior to the start of the BSAI and GOA
pollock fisheries on January 20, 2000, or NMFS will be obligated under
the Endangered Species Act to close all fishing for pollock until such
measures can be implemented.
NMFS is reserving all allocations and apportionments of the 2000
pollock TAC for the BSAI until the Steller sea lion conservation
measures can be implemented as described above.
Table 2.--Proposed Allocations of the Pollock TAC and Directed Fishing
Allowance to the Inshore, Catcher/Processor, Mothership, and CDQ
Components \1\
------------------------------------------------------------------------
Directed
Sector Proposed 2000 fishing
TAC (mt) allowance
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Bering Sea Subarea.................... 992,000
CDQ............................... 99,200
ICA \2\........................... 44,640
Inshore........................... 424,080 424,080
Offshore C/Ps \3\................. 339,264 339,264
Catch by C/Ps................. 310,427
Catch by CVs.................. 28,837
Sec. 208(e)(21) \4\........... 1,696
Mothership........................ 84,816 84,816
Aleutian Islands ICA \5\.............. 2,000
[[Page 69468]]
Bogoslof District ICA \5\............. 1,000
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\1\ After subtraction for the CDQ reserve and the incidental catch
allowance, the pollock TAC is allocated as follows: inshore component--
50 percent, catcher/processor component--40 percent, and mothership
component--10 percent. Under paragraph 206(a) of the AFA, the CDQ
reserve for pollock is 10 percent. NMFS, under regulations at Sec.
679.20(a)(5)(i)(B), allocates zero mt of pollock to nonpelagic trawl
gear. This action is based on Council intent to prohibit the use of
nonpelagic trawl gear in 2000 because of concerns of unnecessary
incidental catch with bottom trawl gear in the pollock fishery.
\2\ The proposed pollock incidental catch allowance for the BS Subarea
is 5 percent of the TAC after subtraction of the CDQ reserve
\3\ Section 210(c) of the AFA requires that not less than 8.5 percent of
the directed fishing allowance allocated to listed catcher/processors
(C/Ps) shall be available for harvest only by eligible catcher vessels
(CVs) delivering to listed catcher/processors.
\4\ The AFA requires that vessels described in section 208(e)(21) be
prohibited from exceeding a harvest amount of one-half of one percent
of the directed fishing allowance allocated to vessels for processing
by listed catcher/processors.
\5\ Consistent with the 1999 harvest specifications and the revised
RPAs, the Aleutian Islands Subarea and the Bogoslof District would be
closed to directed fishing for pollock. The amounts specified are for
incidental catch amounts only, and are not apportioned by season or
sector.
Allocation of the Atka mackerel TAC
Due to concerns about the potential impact of the Atka mackerel
fishery on Steller sea lions and their critical habitat, NMFS issued
regulations that implement temporal and spatial dispersion of fishing
effort in the Atka mackerel fisheries. Regulations at 50 CFR
679.20(a)(8)(ii) apportion the Atka mackerel ITAC into two equal
seasonal allowances. The first allowance is made available for directed
fishing from January 1 to April 15 (``A'' season), and the second
seasonal allowance is made available from September 1 to November 1
(``B'' season) (Table 3). According to Sec. 679.22(a)(8), fishing with
trawl gear in areas defined as Steller sea lion critical habitat (see
Figure 4 of 50 CFR part 226) within the Western and Central Aleutian
Islands subareas, is prohibited during each Atka mackerel season when
specified percentages of the TAC are harvested within designated
critical habitat areas. In 2000, the specified catch percentage within
critical habitat is 57 percent of each seasonal allowance for the
Western Aleutian Islands and 67 percent of each seasonal allowance for
the Central Aleutian Islands (Sec. 679.22(a)(8)(iii)(B)). A Steller sea
lion critical habitat closure to fishing with trawl gear within a
district will remain in effect until NMFS closes Atka mackerel to
directed fishing within the same district. The regulations do not
establish critical habitat closures based on Atka mackerel catch
percentages inside critical habitat areas for the Eastern Aleutian
Islands and Bering Sea subarea.
Under Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian
Islands district and the Bering Sea subarea Atka mackerel ITAC may be
allocated to the jig gear fleet. The Council determines the amount of
this allocation annually, based on several criteria including the
anticipated harvest capacity of the jig gear fleet. In October 1999,
the Council recommended that 1 percent of the Atka mackerel ITAC in the
Eastern Aleutian Islands district/Bering Sea subarea be allocated to
the jig gear fleet in 2000. Based on an ITAC of 14,450 mt, the jig gear
allocation would be 144 mt.
Table 3.--Proposed 2000 Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC \1\, \2\
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Seasonal apportionment \3\
---------------------------------------------------
Subarea and component TAC CDQ ITAC A Season \4\ B Season \5\
reserve ---------------------------------------------------
Total CH Limit Total CH Limit
-----------------------------------------------------------------------------------------------------------------------\6\-----------------------\6\----
Western Aleutian Islands 27,000 2,025 22,950 11,475 6,541 11,475 6,541
Central Aleutian Islands..................................... 22,400 1,680 19,040 9,520 6,378 9,520 6,378
Eastern AI/BS subarea \7\.................................... 17,000 1,275 14,450 ........... ........... ........... ...........
Jig (1 %) \8\............................................ ........... ........... 144 ........... ........... ........... ...........
Other gear (99%)......................................... ........... ........... 14,306 7,153 ........... 7,153 ...........
Total................................................ 66,400 4,980 56,440 28,148 ........... 28,148 ...........
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\1\ Amounts are in metric tons.
\2\ A final rule implementing changes to the Atka mackerel fishery was published in the Federal Register on January 22, 1999 (64 FR 3446).
\3\ The seasonal apportionment of Atka mackerel is 50 percent in the A season and 50 percent in the B season.
\4\ January 1 through April 15.
\5\ September 1 through November 1.
\6\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for fishing inside critical habitat (Figure 4 of
50 CFR part 226). In 2000, the percentage of each seasonal allowance available for fishing inside critical habitat is 57 percent in the Western AI and
67 percent in the Central AI. When these critical habitat allowances are reached, critical habitat areas will be closed to trawling until NMFS closes
Atka mackerel to directed fishing within the same district.
\7\ Eastern Aleutian Islands District and Bering Sea subarea.
\8\ Regulations at Sec. 679.20 (a)(8) require that up to 2 percent of the Eastern AI area ITAC be allocated to the Jig gear fleet. The amount of this
allocation is 1 percent and was determined by the Council based on anticipated harvest capacity of the jig gear fleet. The jig gear allocation is not
apportioned by season.
Allocation of the Pacific Cod TAC
Under Sec. 679.20(a)(7), 2 percent of the Pacific cod ITAC is
allocated to vessels using jig gear, 51 percent to vessels using hook-
and-line or pot gear, and 47 percent to vessels using trawl gear. Under
Sec. 679.20(a)(7)(b), the portion of the Pacific cod TAC allocated to
trawl gear is further allocated 50 percent to
[[Page 69469]]
catcher vessels and 50 percent to catcher/processors. In October 1999,
the Council proposed seasonal allowances for the portion of the Pacific
cod TAC allocated to the hook-and-line and pot gear fisheries. The
seasonal allowances are authorized under Sec. 679.20(a)(7)(iv) and are
based on the criteria set forth at Sec. 679.20(a)(7)(iv)(B). They are
intended to provide for the harvest of Pacific cod when flesh quality
and market conditions are optimum and when Pacific halibut bycatch
rates are low. Table 4 lists the proposed 2000 allocations and seasonal
apportionments of the Pacific cod ITAC. Consistent with
Sec. 679.20(a)(7)(iv)(C), NMFS and the Council propose that any portion
of the first seasonal allowance of the hook-and-line and pot gear
allocation that is not harvested by the end of the first season become
available on September 1, the beginning of the third season.
Table 4.--Proposed 2000 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Seasonal apportionment
Gear Percent ITAC Share ITAC -------------------------------------------------------------------------
(mt) Date Amount (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jig........................................... 2 3,010 January 1-December 31..................................... 3,010
Hook-&-line/pot gear.......................... 51 76,730 January 1-April 30 \1\.................................... 55,135
.............. .............. May 1-August 31........................................... 7,811
.............. .............. September 1-December 31................................... 13,784
Trawl gear.................................... 47 70,710 January 1-December 31..................................... 70,710
C.V. (50%)................................ .............. 35,355
C/P (50%)................................. .............. 35,355
--------------------------------
Total................................. 100 150,450
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\1\ Any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line or pot gear fishery will be reapportioned
to the third seasonal allowance.
At its October 1999 meeting, the Council also adopted an FMP
amendment that would further allocate the hook-and-line and pot gear
allocation among different sectors of the fixed gear fleet. If NMFS
approves this amendment, the harvest specifications would be revised
accordingly.
Allocation of the Shortraker and Rougheye Rockfish TAC
Under Sec. 679.20(a)(9), the ITAC of shortraker rockfish and
rougheye rockfish specified for the Aleutian Islands subarea is
allocated 30 percent to vessels using non-trawl gear and 70 percent to
vessels using trawl gear. Based on a proposed ITAC of 821 mt, the trawl
allocation would be 575 mt and the non-trawl allocation would be 246
mt.
Sablefish Gear Allocation
Regulations at Sec. 679.20(a)(4)(iii) and (iv) require that
sablefish TACs for the BSAI subareas be allocated between trawl and
hook-and-line or pot gear types. Gear allocations of TACs for the
Bering Sea subarea are 50 percent for trawl gear and 50 percent for
hook-and-line/pot gear and for the Aleutian Islands subarea, 25 percent
for trawl gear, 75 percent for hook-and-line/pot gear. Regulations at
Sec. 679.20(b)(1)(iii)(B) require that 20 percent of the hook-and-line
and pot gear allocation of sablefish be reserved as sablefish CDQ.
Additionally, regulations at Sec. 679.20(b)(iii)(A) require that 7.5
percent of the trawl gear allocation of sablefish (one half of the
reserve) be reserved as groundfish CDQ. Gear allocations of the
sablefish TAC and CDQ reserve amounts are specified in Table 5.
Table 5.--Proposed 2000 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
----------------------------------------------------------------------------------------------------------------
Share of TAC CDQ reserve
Subarea and gear Percent of TAC (mt) ITAC (mt) (mt)
----------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl \2\................................... 50 670 569 50
Hook-&-line/pot gear \3\.................... 50 670 N/A 134
---------------------------------------------------------------
Total................................... 100 1,340 569 184
===============================================================
Aleutian Islands:
Trawl \2\................................... 25 345 293 25
Hook-&-line/pot gear \3\.................... 75 1,035 N/A 207
---------------------------------------------------------------
Total................................... 100 1,380 293 232
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.
The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5
percent of the specified TAC) is reserved for the multi-species CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
allocated TAC is reserved for use by CDQ participants. Regulations in Sec. 679.20(b)(1) do not provide for
the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
[[Page 69470]]
Allocation of Prohibited Species Catch (PSC) Limits for Halibut,
Crab, and Herring
Due to the lack of new information concerning PSC limits, the
Council at its October 1999 meeting recommended using the 1999 PSC
amounts for 2000. The Council will reconsider these amounts in December
based on recommendations by the Plan Team and the SSC. New survey and
stock assessment information will be available in December 1999 in the
1999 SAFE document prepared by the Plan Team.
PSC limits for halibut are set in regulations at Sec. 679.21(e).
For the BSAI trawl fisheries, the limit is 3,775 mt mortality of
Pacific halibut. For non-trawl fisheries, the limit is 900 mt
mortality. PSC limits for crab and herring are specified annually based
on abundance and spawning biomass.
For 2000, the proposed PSC limit of red king crab in Zone 1 for
trawl vessels is 200,000 crab. Based on the criteria set out at
Sec. 679.21(e)(1)(ii), the number of mature female red king crab was
estimated in 1998 to be above the threshold of 8.4 million animals, and
the effective spawning biomass is estimated to be 56 million lbs (25.4
million mt) which is greater than the 55 million lb (24.95 million mt)
threshold level.
The proposed 2000 C. bairdi PSC limit for trawl gear is 750,000
animals in Zone 1 and 1,878,000 animals in Zone 2. These limits are
based on survey data from 1998, and on the criteria set out at
Sec. 679.21(e)(1)(iii). In Zone 1, C. bairdi abundance was estimated to
be greater than 150 million and less than 270 million animals. In Zone
2, C. bairdi abundance was estimated to be less than 175 million
animals, and, therefore, calculated at 1.2 percent of the abundance
level of 156.6 million crabs, resulting in a proposed limit of 1.878
million crabs.
Under Sec. 679.21(e)(1)(iv), the PSC limit for C. opilio is based
on total abundance as indicated by the NMFS standard trawl survey. The
C. opilio PSC limit is set at 0.1133 percent of the Bering Sea
abundance index, with a minimum PSC of 4.5 million crab and a maximum
PSC of 13 million crab. Based on the 1998 survey estimate of 3.233
billion crabs, the calculated limit would be 3,663,000 crabs. Because
this limit falls below the minimum level, the proposed 2000 C. opilio
PSC limit would be 4.5 million crabs in 2000.
Under Sec. 679.21(e)(1)(vi), the proposed PSC limit of Pacific
herring caught while conducting any trawl operation for groundfish in
the BSAI is 1 percent of the annual eastern Bering Sea herring biomass.
NMFS' best estimate of 2000 herring biomass is 168,512 mt. This amount
was derived using 1998 survey data and an age-structured biomass
projection model developed by the Alaska Department of Fish and Game
(ADF&G). Therefore, the proposed herring PSC limit for 2000 is 1,685
mt.
Under Sec. 679.21(e)(1)(i) 7.5 percent of each PSC limit specified
for crab and halibut is reserved as a PSQ reserve for use by the
groundfish CDQ program. Regulations at Sec. 679.21(e)(3) require the
apportionment of each trawl PSC limit into PSC bycatch allowances for
seven specified fishery categories. Regulations at
Sec. 679.21(e)(4)(ii) authorize the apportionment of the non-trawl
halibut PSC limit among five fishery categories. The proposed fishery
bycatch allowances for the trawl and non-trawl fisheries are listed in
Table 6.
Regulations at Sec. 679.21(e)(3)(ii)(B) establish criteria under
which NMFS must specify an annual red king crab bycatch limit for the
Red King Crab Savings Subarea (RKCSS). The Council proposes to limit
the RKCSS to 30 percent of the total red king crab allocated to the
rock sole/flathead sole/``other flatfish'' fishery category. This
proposed limit would optimize the groundfish harvest relative to red
king crab bycatch.
Regulations at Sec. 679.21(e)(4)(ii) authorize exemption of
specified non-trawl fisheries from the halibut PSC limit. As in past
years, the Council recommended that pot gear, jig gear, and the
sablefish IFQ hook-and-line gear fishery categories be exempt from
halibut bycatch restrictions because these fisheries use selective gear
types that take comparatively few halibut. In 1998, total groundfish
catch for the pot gear fishery in the BSAI was approximately 14,118 mt
with an associated halibut bycatch mortality of about 43 mt. The 1998
groundfish jig gear fishery harvested about 192 mt of groundfish. Most
vessels in the jig gear fleet are less than 60 ft (18.3 m) length
overall and are exempt from observer coverage requirements. As a
result, observer data are not available on halibut bycatch in the jig
gear fishery. However, a negligible amount of halibut bycatch mortality
is assumed because of the selective nature of this gear type and the
likelihood that halibut caught with jig gear have a high survival rate
when released.
As in past years, the Council recommended that the sablefish IFQ
fishery be exempt from halibut bycatch restrictions because of the
sablefish and halibut IFQ program (subpart D of 50 CFR part 679). The
IFQ program requires legal-sized halibut to be retained by vessels
using hook-and-line gear if a halibut IFQ permit holder is aboard and
is holding unused halibut IFQ. This action results in less halibut
discard in the fishery. In 1995, about 36 mt of halibut discard
mortality was estimated for the sablefish IFQ fishery. A similar
estimate for 1996 through 1999 has not been calculated, but NMFS has no
information indicating that it would be significantly different.
Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation
with the Council, to establish seasonal apportionments of PSC amounts.
NMFS anticipates that the Council will recommend seasonal
apportionments during its December 1999 meeting; therefore, none are
proposed at this time.
Table 6.--Proposed 2000 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Prohibited Species and Zone
-----------------------------------------------------------------------------------
Red King C. bairdi (animals)
Halibut Herring (mt) Crab C. opilio ---------------------------
mortality BSAI (animals) (animals)
(mt) BSAI Zone 1 1 COBLZ 2 Zone 1 1 Zone 2 1
----------------------------------------------------------------------------------------------------------------
Trawl Fisheries
Yellowfin sole.............. 955 254 19,800 3,108,786 260,894 1,128,824
Rock sole/oth.flat/flat sole 755 22 103,950 766,552 279,528 376,274
3..........................
Turbot/sablefish/arrowtooth ............ 10 ............ 42,585 ............ ............
4..........................
Rockfish July 4--December 31 71 8 ............ 42,585 ............ 7,378
5..........................
Pacific cod................. 1,473 22 14,850 127,758 139,950 205,528
[[Page 69471]]
Mid-water trawl pollock 6... ............ 1,217 ............ ............ ............ ............
Pollock/Atka mackerel/other 238 152 1,850 74,234 13,378 19,146
7..........................
RKCSS 3..................... ............ ............ 44,550 ............ ............ ............
-----------------------------------------------------------------------------------
Total Trawl PSC......... 3,492 1,685 185,000 4,162,500 693,750 1,737,150
===================================================================================
Non-Trawl Fisheries
Pacific cod--Total.......... 748
Other non-trawl--Total...... 84
Groundfish pot and jig...... exempt
Sablefish hook-and-line..... exempt
-----------------------------------------------------------------------------------
Total Non-Trawl......... 832
-----------------------------------------------------------------------------------
PSQ Reserve 8............... 351 ............ 15,000 337,500 56,250 140,850
-----------------------------------------------------------------------------------
Grand Total......... 4,675 1,685 200,000 4,500,000 750,000 1,878,000
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec. 679.21 (e)(7)(iv)(B). At its October
meeting the Council proposed apportioning C. opilio by percentage to the following fisheries: yellowfin sole
73 percent, rock sole 18 percent, turbot 1 percent, rockfish 1 percent, Pacific cod 3 percent, and pollock 4
percent.
\3\ The Council at its October 1999 meeting proposed limiting red king crab for trawl fisheries within the RKCSS
to 30 percent of the total allocation to the rock sole, flathead sole, and other flatfish fishery category
(Sec. 679.21(e)(3)(ii)(B)).
\4\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\5\ The Council at its October 1999 meeting proposed to apportion the rockfish PSC amounts according to the 1999
specifications, from July 4--December 31, to prevent fishing for rockfish before July 4, 2000.
\6\ Halibut and crab bycatch in the midwater trawl pollock fishery is deducted from the allowances for the
pollock/Atka mackerel/other species category.
\7\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
\8\ With the exception of herring, 7.5 percent of each PSC limit is allocated to the multi-species CDQ program
as PSQ reserve. The PSQ reserve is not allocated by fishery, gear or season.
To monitor halibut bycatch mortality allowances and apportionments,
the Administrator, Alaska Region, NMFS (Regional Administrator), will
use observed halibut bycatch rates, assumed mortality rates, and
estimates of groundfish catch to project when a fishery's halibut
bycatch mortality allowance or seasonal apportionment is reached. The
Regional Administrator monitors a fishery's halibut bycatch mortality
allowances using assumed mortality rates that are based on the best
information available, including information contained in the annual
SAFE report.
The Council proposed that the assumed halibut mortality rates
developed by staff of the International Pacific Halibut Commission
(IPHC) for the 1999 BSAI groundfish fisheries be adopted for purposes
of monitoring halibut bycatch allowances established for 2000. The
justification for these mortality rates is discussed in the final SAFE
report dated November 1998. The proposed mortality rates listed in
Table 7 are subject to change, pending the results of an updated
analysis on halibut mortality rates in the groundfish fisheries that
IPHC staff is scheduled to present to the Council at its December 1999
meeting.
Table 7.--Proposed 2000 Assumed Pacific Halibut Mortality Rates for the
BSAI Fisheries
------------------------------------------------------------------------
Assumed
Fishery mortality
(percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
Rockfish.................................................. 12
Pacific cod............................................... 11
Greenland turbot.......................................... 19
Sablefish................................................. 17
Other Species............................................. 11
Trawl gear fisheries:
Midwater pollock.......................................... 85
Non-pelagic pollock....................................... 76
Yellowfin sole............................................ 78
Rock sole................................................. 76
Flathead sole............................................. 62
Other flatfish............................................ 69
Rockfish.................................................. 72
Pacific cod............................................... 69
Atka mackerel............................................. 85
Greenland turbot.......................................... 73
Sablefish................................................. 23
Other species............................................. 69
Pot gear fisheries:
Pacific cod............................................... 4
Other species............................................. 4
------------------------------------------------------------------------
Classification
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS has prepared a draft EA for this action, which describes the
impact of the human environment that would result from implementation
of the proposed specifications. In December 1998, NMFS issued a
Supplemental Environmental Impact Statement (SEIS) on the groundfish
TAC specifications and PSC limits under the BSAI and Gulf of Alaska
(GOA) groundfish FMPs. In July 1999, the District Court for the Western
District of Washington held that the 1998 SEIS did not adequately
address aspects of the BSAI and GOA FMPs. Notwithstanding the
deficiencies
[[Page 69472]]
the court noted in the 1998 SEIS, NMFS believes that the discussion of
impacts and alternatives in the 1998 SEIS is directly applicable to
this proposed action, and a draft EA for the proposed 2000 harvest
specifications ``tiers off'' (incorporates by reference) the 1998 SEIS.
Pursuant to section 7 of the Endangered Species Act, NMFS has
completed a consultation on the effects of the 1999 to 2002 pollock and
Atka mackerel fisheries on listed species, including the Steller sea
lion, and designated critical habitat. The Biological Opinion prepared
for this consultation, dated December 3, 1998, concluded that the Atka
mackerel fisheries in the BSAI are not likely to jeopardize the
continued existence of Steller sea lions or adversely modify their
designated critical habitat. However, the Biological Opinion concluded
that the pollock fisheries in the BSAI and the GOA would cause jeopardy
and adverse modification.
NMFS is developing a proposed rule that, if approved, would
permanently implement RPAs to avoid the likelihood that the pollock
fisheries off Alaska will jeopardize the continued existence of the
western population of Steller sea lions or adversely modify its
critical habitat. Final regulations must be effective prior to the
start of the BSAI and GOA pollock fisheries on January 20, 2000, or
NMFS will be obligated under the Endangered Species Act to close all
fishing for pollock until such measures can be implemented.
NMFS must also complete a consultation on the effects of the 2000
BSAI groundfish fisheries on listed species, including the Steller sea
lion and salmon, and on designated critical habitat. These
consultations will be completed in December 1999 before the start of
the 2000 groundfish fishery. These consultations cannot be completed
until new fishery information is available in late November.
A Biological Opinion on the BSAI hook-and-line groundfish fishery
and the BSAI trawl groundfish fishery for the ESA listed short-tailed
albatross was issued by the U.S. Fish and Wildlife Service in March
1999. The conclusion continued the no jeopardy determination and the
incidental take statement expressing the requirement to immediately re-
initiate consultations if incidental takes exceed four short-tailed
albatross over 2 years' time (1999-2000).
NMFS prepared an IRFA pursuant to the Regulatory Flexibility Act
(RFA) that describes the impact the proposed 2000 harvest
specifications might have on small entities. A copy of this analysis is
available from the Council (see ADDRESSES). The preferred alternative
would allow the BSAI groundfish fisheries to continue under final
specifications set at 1999 levels until the TAC is harvested or until
the fishery is closed due to attainment of a PSC limit, or for other
management reasons. Under the preferred alternative, the 2000 TACs
would be based on the most recent scientific information as reviewed by
the Plan Team, SSC, AP, and Council and that includes public testimony
and comment from the September Plan Team and October Council meetings.
The preferred alternative also achieves optimum yield while preventing
overfishing. Small entities would receive the maximum benefits under
this alternative, in that they will be able to harvest target species
and species groups at the highest available level based on stock status
and ecosystem concerns.
The six CDQ groups are comprised of 56 small governmental
jurisdictions with direct involvement in groundfish CDQ fisheries that
are within the RFA definition of small entities. Based on 1998 data,
NMFS estimates less than 280 small entities harvest groundfish in the
BSAI.
The establishment of differing compliance or reporting requirements
or timetables, and the use of performance rather than design standards,
or exempting affected small entities from any part of this action would
not be appropriate because of the nature of this action.
This action is necessary to establish harvest limits for the BSAI
groundfish fisheries for the 2000 fishing year. The groundfish
fisheries in the BSAI are governed by Federal regulations at 50 CFR
part 679 that require NMFS, after consultation with the Council, to
publish and solicit public comments on proposed annual TACs, PSC
allowances, and seasonal allowances of the TACs. No recordkeeping and
reporting requirements are implemented with this final action. NMFS is
not aware of any other Federal rules which duplicate, overlap or
conflict with the final specifications.
Authority: 16 U.S.C. 773 et seq. 16 U.S.C. 1801 et seq., and
3631 et seq.
Dated: December 8, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-32234 Filed 12-10-99; 8:45 am]
BILLING CODE 3510-22-P